Ok, a guy and girl (not married) buy a house. They don't want to be together anymore. If the girl wants to keep the house and the guy wants to move, can she get his name off the home loan and deed? Or vise versa? Or do they have to sell it?

The one who is leaving...can go in and file a Quit Claim. As far as the loan, a different agreement would have to be reached, either with the bank or with a written contract between the two owners as to who is responsible for the payments, taxes, insurance and so on. Then as soon as possible, a re-fi is recommended.

"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind." -- Theodor Seuss Geisel

I want to cry...I don't know what to do now. If I refinance, will that make the mortgage higher?

I don't really care about the equity and getting money, I just don't want to move out and have my name on the house because I know, the drunk that he is, will not make the payments. And really, I would rather not move.

So, basically you have to refinance to remove the person, but you might not qualify on your own and I don't know what the rates are now compared to what you have.. but here is an interesting option I saw... (but you should probably consult a real estate laywer or someone like that) Quit Claim won't work. refinance is an option. Another way to do this without refinancing is to create a trust, place the property into the trust, have the trust make the loan payments and have the other person relinquish their rights to the trust. That way, the lender can't call the loan. Then that person shows proof to all three credit bureas that the trust is making the loan payments and the credit bureas will remove the mortgage/loan info from the credit report. http://answers.yahoo.com/question/index?qid=20061013124729AAsILMc

A good cry would help maybe!A refi may not make the payments higher. Depends on how much you need on the loan, and the interest rate you can get, only you know what you owe, and only the bank can give you the interest rate. Do some investigations with the bank, see what they tell you. I wouldn't walk away from the equity. Even if you have to move, the equity will help you facilitate that!!! It can be a pretty sizeable amount of cash even if you only bought your house a year ago.Check into homesteading as well...I homesteaded my house, and it made it impossible for my ex to kick me out. He was clueless to that. See what the rules in your state are. A real estate broker can sometimes answer these questions (a broker, not an agent).ALSO, you can call a realtor and have them run comps on your property, to see whether it is worth it for you to fight tooth and nail, or to let stuff slide if he will go refi it so you can go.I lost ALOT getting out of my house/marriage, but for me, I gained SOOOOO much more in the long run.

"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind." -- Theodor Seuss Geisel

That's what I am afraid of...I don't think I would qualify to refinance on my own. I have no clue about any of this kind of stuff. Maybe it would be better if I just move.Thank you guys (and Jenn) for your help. I really do appreciate it.

Gather info before you just leave. You may also be able to sell your interest in the property to someone else like a family member of his, and they can go refi it. That depends though on how you hold title with him. Unfortunatly, Ohio, and Cali are different. Just don't walk with nothing though. Sell the damn thing first!!!

"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind." -- Theodor Seuss Geisel

Originally Posted By: DxLISHxISx_43Maybe it would be better if I just move.Thank you guys (and Jenn) for your help. I really do appreciate it. I think it would be a very bad idea to "just move" without settling the house one way or another. With your name on the loan and deed, if he doesn't keep up with the mortgage, the bank can then demand payment from you- and surely would do that. And it would destroy your credit as well. If it came to that, it would be far better to sell the house and get your name off any obligations.

Do you think you can draw up a contract with him to get him out?
Since it revolves around real estate, it does have to be in writing. But do you think you'll be able to get him out? Could you come to some type of agreement? There are several ways to handle it if you two could agree to something.
Your holding more good cards than you realize.:eyes:

"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind." -- Theodor Seuss Geisel